Section 1064 — Social Security Act 1991: Rate of age and disability support pensions and carer payment (people who are not blind)

(1) The rate of: (a) age pension; and (b) disability support pension of a person who has turned 21, or of a person who has not turned 21 and has one or more dependent children; and (d) carer payment; is, subject to subsection (2), to be calculated in accordance with the Rate Calculator at the end of this section. Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation. Note 2: The rate obtained by applying the Rate Calculator may be reduced because of: the receipt of compensation (see Part 3.14); or overseas portability (see Part 4.2—Division 3); or the receipt of payments under a self-employment program (see Part 3.15). Note 3: For dependent child see section 5. (2) Subsection (1) does not apply to a person’s age or disability support pension if the person is permanently blind. Note: The rate for an age pension or disability support pension payable to a person who is permanently blind is dealt with in section 1065. (4) If: (a) a person has a relationship with another person, whether of the same sex or a different sex (other person); and (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A)); (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living; the person’s pension rate is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner. Note: This provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively. Rate limited for armed service widow (5) If: (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (b) one of the following is payable to the widow: (i) an age pension; (ii) a disability support pension; (iv) a carer payment; the widow’s pension rate is not to exceed: (c) if: (i) the widow has been receiving the payment referred to in paragraph (a) continuously since before 1 November 1986; and (ii) immediately before 1 November 1986, the widow was receiving a payment referred to in paragraph (b) at a rate exceeding $3,247.40; and (iii) the pension referred to in paragraph (b) is of the same type as the one which was payable to the person before 1 November 1986; the rate of pension received by the widow immediately before 1 November 1986; and (d) in any other case—$3,247.40. Note: For armed services widow see subsection 4(1). Rate limited for armed services widower (6) If: (a) an armed services widower is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (b) one of the following is payable to the widower: (i) an age pension; (ii) a disability support pension; (iii) a carer payment; the rate of pension payable to the widower is not to exceed $3,247.40. Note: For armed services widower see subsection 4(1). (7) If: (a) an armed services widow or an armed services widower is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and (b) one of the following is payable to the widow or widower: (i) an age pension; (ii) a disability support pension; (iv) a carer payment; the rate of pension payable to the widow or widower is not to exceed $3,247.40. Note: For armed services widow and armed services widower see subsection 4(1).